>> good morning everyone. i am patti ann browne. >> i am heather childers. thank you so much for joining us. it is wednesday february 13th. thank you for watching "fox & friends first". >> we have a big day today. obviously we are talking all about the president's state of the union address last night as well as two different responses one from the republicans and one from the tea party. >> marco rubio one of those to follow the president's speech. also our other top story breaking news. first time for your 5@5:00. the top five stories making news at this hour. the government now being sued accused of covering up details

and being neglect in the shooting of two immigration and customs enforcement agent. he was shot dead in 2011 in mexico by members of a drug cartel. his partner victor avila was seriously wounded. they say the guns were smuggled to the u.s. as part of a failed gun operation and the agent should not have been sent on such a dangerous mission. >> chuck hagel narrowly cleared his first hurdle. the senate committee had a 14-11 party line vote. >> the feat of this nomination say he is leaderless as we have budgetary challenges and we are engaged in combat operations overseas. >> the performance before this committee is the worst i have seen for any nominee for office. he refused to answer a straight

forward question as to whether the surge was a success or not. >> hagel's nomination heads for a vote in the full senate. jim imhoff has threatened to filibuster his nomination over concerns about views on israel and iran. a live look at pope benedict xvi holding a weekly audience at the vatican. this is the first public appearance since announcing he will resign at the end of the month. he will deliver his final ash wednesday mass. he told a crowd of thousands that he is resigning for the good of the church hope bened - pope benedict announced he was stepping down because of health concerns. passengers have reported that there is no running water few running toilets and limited access to food. president and ceo jerry cahill

says that is simply not true. >> there is running water and a good number of bathrooms that do work. in a situation like this you are going to be sensitive to all hygiene procedures. we are going along with how we handle things and going along the situation on board. i can tell you there have not been any abnormal people who have reported to the infirmary. >> tug bows are pulling the ship to mobile alabama. it is expect to do arrive sometime tomorrow. carnival booked hotel room and flights to get passengers home from there as soon as possible. the ntsb is investigating what caused the fire sunday but knocked out power to the massive ship. there's a new top dog to america

this morning. >> the winner of the 137th westminster dog show the african (inaudible) >> baumann gnnana joe took the . the crowd's favorite an old english sheep dog named swagger was picked as the runner up. coming up at 6:30 the adorable banana joe will be here live onset. i think we need him here. >> that's your 5@5:00. now to our fox news alert. the fugitive ex cop who went on a killing spree is leaved to be dead. >> thatpolice have found a char body inside the cabin that's where christopher doerner was hiding. alicia is live with details for

us. >> hi heather and patti anne. we are expecting more updates on law enforcement on what went down as they closed in on ex cop christopher doerner as he was on the run before. we do that i want you to take a listen here as one local cbs crew got all too close to the action. >> the crew we are told is okay now but what was happening according to authorities is the second gun battle dorner had before that cabin was engulfed in flames. just prior they had caught up with him in a stolen truck where he attempted to shoot at them from inside the vehicle. >> we believe that someone was inside and that was the person that stole the vehicle and fled then abandoned the vehicle, ran

into the forest and inside of his cabin where he barricaded himself and was engaged in gun fire with our deputy sheriff shot two of our deputy sheriffs and one of those deputies died. that deputy died at a low malinda hospital. the other will recover but it will take multiple surgeries. >> dorner was hiding out not far from where they were having meetings. two housekeepers showed up to clean and he surprised them. one escaped the other was taken hostage. this is a police officer from riverside who leaves behind a wife and two children. alicia akuna reporting live. as he continues to struggle with the budget crisis president

obama is looking for more government spending. he vowed his plans would be fully paid for. >> nothing i am proposing tonight should increase our deficit by a single dime. it is not a bigger government we need but a smarter government that sets priorities and invests in broad based growth. >> peter doocy is live in washington with more on last night's address. good morning, peter. >> president obama told the nation last night that reducing the deficit should be part of the federal government's agenda. the north star that guides her effort must be a growing economy that creates good middle class joabs. he also says nobody works full-time should have to live in poverty and proposed raising the minimum wage about 25 percent from 7.25 to $9 an hour. >> since the last time this congress raised the minimum wage

19 states have chosen to bump theirs even hire. tonight let's declare in the healthiest nation on earth no one who works full-time should have to live in poverty and raise the federal minimum wage to $9 an hour. we should be able to get that done. >> the president mentioned mitt romney twice in his address once he and the former republican nominee for president agreed raising the minimum wage for the cost of living was a good idea. bipartisan compromise has been hard to come by since november 11th. if both sides don't try try to they want he will do it with a pen a series of executive orders. if congress won't act soon to protect future generations i

will. i will direct my cabinets to come up with executive actions we can take now and in the future to reduce pollution, prepare our communities for the consequences of climate change and speed the transition to more sustainable sources of energy. the president will lead to try to help the middle class there. they will do the same thing in georgia and illinois. peter doocy live in washington, thank you. that brings us to our look who is talking. we are hearing from florida senator marco rubio. last night following the president's state of the union it was rubio chosen to give the public response and play out the differences between the two parties. >> my parents immigrated here in pursuit of the opportunity to improve their life and a chance for their children to have a better one. they made it to the middle class. my dad working agz a bartender

my mother as a cashier and a made. i didn't inherit any money from them. i inherited something far better the real opportunity to accomplish my dream. raising taxes won't make a better job. that's why i hope the president will abandon his obsession with raising taxes and instead work with us to achieve real growth in our economy. this idea that our problems were caused by a government that was too small is just not true. in fact a major cause of our recent downturn was a housing crisis created reckless government policies and the idea that more taxes and more government spending is a way to help middle class taxpayers that's an old idea failed every time it has been tried. more government isn't going to help you get ahead it's going to hold you back. >> many believe that rubio is on the short list for presidential contenders possibly in 2016. >> that brings us to syndicated

columnist and fox news contributor charles krauthammer. he says the response offered a right contrast to president obama's vision of more government. when reagan was inaugurated within 10 minutes he said government isn't the solution it's the problem. that was the theme with rubio's speech and really an ideological contrast. he is a man of government represents the party of government. every issue he raised in his speech had a government solution a program a partnership, some new initiatives spending essentially. what rubio did he took it on as a philosophical level and said this is not the way our country works it comes from the private sector ultimately. he made that case point by point. i think it sets up the argument that we have had over the four years and the argument that will define the next presidential race. big government small activist

government or activist private sector. >> senator rubio will be a guest coming up on fox and friends at 7:28. >> time for the first degree weather update with ma roa molina. >> they will be seeing more snow today. >> we are talk ago little bhoirt snow. it it dumped 40 inches of snow. more across eastern portions of long island and areas further south. right now the center of the storm system centered over portions of arkansas and missouri producing a light coating out here ahead of this system. we have issues across portions of the southeast. flash flood threat over alabama panhandle and portions of mississippi even a severe threat

tornadoes damaging wind gusts and large hail will be possible across cities like jacksonville northern portions of florida and over the state of georgia could be looking at severe weather. otherwise i want to get the timing in on the storm system because as we head into this eveng dc, philadelphia you are looking at areas of rain where the cold air wraps around and we will see the transition to snow as we head through the overnight hours. the time is 13 after the top of the hour. coming up, suing over a bad grade. well it's happening one student taking her college to court because her teacher gave her a c plus. does she have a case? >> that store rye still ahead. then are you in the mood for love? how about sending cash. some may be expressing their love for less this valentine's day.

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>> welcome back, it's 16 minutes after the top of the hour.

here's what you missed while you were sleeping. some bad pr this morning for the famous heart attack grill, have you heard about it in las vegas. the unofficial spokesman has died of a heart attack. it is quote a taste worth dying for. the owner says he has no plans to change that or the monstrous burgers that are on the menu. >> no injuries or damage in the wake of a pretty strong earthquake that hit rural nevada. the 5.1 magnitude quake it hit at 5:00 p.m. local time south of tonopah junction near the california border. heather now the stories you can bank on this morning. there's good news for airlines in america. seems like the sky is getting a little friendly error in certain ways. lauren simonetti joins us from fox business network. >> good to see you. our are airlines finally doing

something right? domestic carriers were less likely to lose your luggage. there were three reports of lost delayed or damaged bags for every 1,000 passengers. that was the lowest rate since 1988. baggage handling is due to airline on time performance. 82 percent of flights arrived within 15 minutes of their scheduled time. the numbers do seem promising but keep in mind that fewer passengers are checking bags because of the fees. also in general fewer planes are flying now and typically there are less complications. >> americans are going to spend less according to the latest survey on valentine's day. >> this is valentine's day eve. how much are you planning to spend on your sweetie tomorrow. if the answer is less you are not going to get in trouble you are not line. americans are scaling back their valentine's day spending 62 percent say they are going to spend a hundred dollars or less

that compares to 68 percent from last year. >> it's the thought that counts that's the important thing. lauren simonetti, fox business network. thank you. we want to know about your own valentine's day plans. are you planning on spending more, less or the same. tweet them to us at fox friends first or e-mail at fox frienmai atfoxfriendsfirst@foxnews.com. >> i am sure both of you lovely ladies have great valentines. >> you, too. >> the time is 19 after the top of the hour. coming up breaking details. this is about pope benedict xvi and his true health condition. we will have a live report from rome as the pope makes his first public pier rance since announcing his resignation. that is up next. stay tuned. then he has gone whe-- she gone where no model has ever gone before. kate upton revealing how she

heated things up while shooting in the coldest place in the world.

23 after the hour. let's take a quick check of some of the headlines. reporters of the american pastor locked up in the notorious prison are asking the united nations to take up his cause. he was sentenced to 8 years for not reannouncing his christian faith. there may be a new reason for women taking folic acid while pregnant. it could prevent autism. according to norwegian study

mothers who took the supplement 4 weeks before and 8 weeks after were 40 percent less likely to give birth to an autism. experts are warning more research needed to be done. a live look at pope benedict xvi making his first appearance since making his announcement. he will give his final mass for ash wednesday. michelle clifford joins us live from rome. >> a poivgnant day not just for the people but the pope. he admitted the decision he made was a really difficult one for him. he said he acknowledged the gravity of it but his physical and spiritual strength was

diminishing. he thanked people for their prayers and their love and support. he said he was confident the church would continue to support him. i think it is a really emotional day for everybody. he is well used to scrutiny and being watched but he will be feeling the weight of so many pairs of eyes upon him a couple days after he made that dramatic announcement that he is going to step down at the end of the moen month. now in a few hours time he will be saying mass at the saint peter basilica. not normal for him to say mass but he says it at one of the smaller churches and pro successes through the town. they made to come to the cathedral to accommodate the sheer number of people children and others who want to see the pope in one of his final appearances. >> michelle clifford live for us from vatican city. thank you. the time now is 25 after the

top of the hour. coming up, apparently 3 years ago president obama promised to take care of the woman who was shot stopping the gunman. but now she says he's broken his promise. >> love that story. super bowl sunday could be a thing of the past. why it might be time to get ready for super bowl saturday. for over 75 years people have saved money with...ohhh... ...with geico... ohhh...sorry! director's voice: here we go. from the top. and action for over 75 years people have saved money with gecko so.... director's voice: cut it! ...what...what did i say? gecko? i said gecko? aw... for over 75 year...(laughs. but still trying to keep it contained) director's voice: keep it together. i'm good. i'm good. for over 75...(uncontrollable laughter). what are you doing there? stop making me laugh. vo: geico. saving people money for over seventy-five years. gecko: don't look at me. don't look at me.

>> hi, welcome back to "fox & friends first". it is 30 minutes after the hour. we begin with the fox news alert a fugitive ex cop who went on a killing spree is believed to be dead. they have found a charred body where dorner was hiding. we have brand new details. >> heather and patti ann forensic investigators will work to confirm the remains inside that charred cabin are in fact that of christopher dorner. authorities are expecting con dpins this manhunt is in fact over. a local tv crew was there as it

was getting underway. (gun shots) >> that is the sound of doerner and several members in a gun fight. dorner is holding himself up in a mountain cabin. prior he was in a stolen vehicle where he was shooting authorities. >> the second time he shot they stopped the vehicle as he continued around the bend in a curve he had his patrol rifle he went up on to a location where he could engage the suspects and fired multiple rounds at the suspect as he was driving away. after sometime smoke could be seen coming from the building then a sound of a single gun shot and the flames. it is after this the manhunt appeared to finally be over. the first of four funerals begin.

riverside police officer mike crane will be laid to rest. officer crane was a native who had been with the department since 2001 and before that he served in the u.s. marines. dorner gunned him down last thursday in an ambush while he was on patrol and stopped at a stoplight. he leaves behind a wife and two young children. >> alicia akuna live. thank you. president obama used his state of the union address to push more government spending to help the middle class. doug luzader is live for us with details. >> the president laid out his agenda for the just for the rest year beau tut the remarnd of hi presidency. this address which is an hour long and the long walk down the aisle makie -- may be routine nw for the president who is

mounting a comeback. he also made an aggressive appeal for more government spending for things like education, infrastructure an doubling down on the sometimes risky new energy programs all while promising to be fiscally responsible. >> nothing should increase our deficit by a single dime. >> statement he walls on congress to sec quest tore the automate can spending cuts that would hit the pentagon in particular. his proposal for $9 an hour minimum wage and new tax hikes signal a battle ahead for congressional republicans. >> the families of newtown deserve a vote. the families of aurora deserve a vote. >> the republican response was

by a rising star marco rubio who at times seemed nervous and zeroed in on the spending plans. >> i don't oppose your plan w because i want to protect the rich i oppose it because i want to protect our neighbors. >> immigration reform is an area where we could see some movement in congress. there's a senate hearing in the topic today. doug luzader reporting live for us. it is 34 after the hour. time to take a look at who is talking. we heard the president say his second term proposal will not increase the deficit by even one dime in his words. so do the american people buy that? >> and frank luntz asked that question to a group of voters in california. here is frank. >> do you believe him that his policies will not add to the deficit? do you belief it? >> no. >> who does not leabelieve it?

raise your hands. why don't you believe it? >> look at the deficit and how it keeps growing. it is spiraling out of control. it is continuing to grow. i don't see any evidence that it is going the other way. >> he made a commitment that it would go up. >> everything costs something. people finance the home would get a tax break but didn't tell us where the money was going to come from so it adds to the deficit. he is believing what he wants to do and he wants to do the best thing for the country. he's going to follow that through. >> we have to stop this language of you and i when i cut my budget i go from $100 to $95. in the government a cut in budget manes we only grow 8 percent instead of 12 percent. that kind of language and talking like that has to stop. >> time for your 5@5:30. the top five stories making news

at this hour a boy held hostage in an under ground bunker for nearly a week witnessed police gunning down his kidnaper. in his first interview since her son's rescue she tells dr. phil the army came in and shot the bad man. jimmy lee dykes took ethan after killing the bus driver and took the boy. the 6-year-old was not hurt but mom is worried about him. >> i know that he is having a very hard time sleeping. he flings his arms and tosses and turns and he cried out a few times. >> she says she asked to speak to dykes but she was not allowed to. susan rice is under fire for her response to a threat against

the united states. she was asked if she expected strong condemnation from the u.n. her response we will do the usual drill as she took a much tougher tone after meeting with the security council calling the test provocative and revetable. rice went on five sunday talk shows and said the terrorist attack in benghazi was because of an anti islam video. >> she is the hero police sergeant who helped stop the fort hood gunman and sat next to the first lady at the 2010 state of the union address. now former sergeant doesn't have a job and she says she and the other shooting victims have been betrayed by president obama. >> not to the least little bit have the victims been taken care of. in fact they have been neglected very badly. victims are suing since they said it was workplace violence

not terrorism. that means limit to benefits. >> a former grad student a suing lehigh university for over $1 million because she received a bad grade. the c plus she received cost her the career she wanted because she needed a b to move forward in the program. her torn says she is a victim. the school says the student deserved the grade she received. the swimsuit issue is out they strutted their stuff in new york. we caught up with kate upton she said it was the first ever in antarctica. >> it caused history and a little hypothermia. i hated being told and it was the support from everybody and

encouragement. it was my team. can't work o do it without the team. >> she lost her sight because her body was shutting down to keep her warm. >> good thing she doesn't do the weather like that. >> first degree weather update. i don't want to do the weather in a bau kinney but i want to go to antarctica. high temperatures will not feel like you are in antarctica across the northeast. relatively mild day out. 40 degrees were the high temperature in new york city and across florida. 79 tampa. new orleans a lot cooler today. 66 degrees for the high temperature this afternoon. we have a storm system tracking in it through arkansas producing light snow out here ahead of the system looking for a lot of moisture and threat for flooding

across mississippi, alabama and portions of the florida panhandle and areas across georgia. we have a severe threat across florida and georgia. we are talking tornadoes damaging wind gusts and large hail. please stay alert now. we are looking at a chance for snow heading into tonight mid atlantic and the northeast but it won't be anywhere as bad as we have to deal with. last week talking 1-3 inches of snow klugman hat tan. >> now it's time to entertain this. after weeks of speculation 30 rock star alec baldwin and his wife confirmed they are expecting their first child this summer. baldwin has a 17-year-old daughter with ex-wife kim bass singer. angelina jolie and brad pitt's youngest daughter already has

her first gig. she will be making 3,000 a week in her mom's up coming role. she will get a per diem of $60 per day onset. >> not bad for a 4-year-old. now your starting lineup the 21-year-old son of larry bird was arrested for trying to run his ex-girlfriend over with a car. con draw bird and the woman got into a fight. he also faces charges of possessing marijuana. lebron james is the only player ever in nba history to score 30 points and shoot 60 percent in six straight games. he passed 30 as the heat beat the blazers 113 to 104. it was the thousands regular season win. super bowl saturday?

it could happen next year. the nfl is reportedly considering changing the day of the super bowl in case of bad weather. i like that idea honestly. >> i don't care. it's here in our area i am going saturday or sunday. either day. >> 42 after the hour. still to come president obama says americans were better off and the economy is improving. is all of that true? we will have facts coming up. >> will and kate at the center of another royal photo scandal. once again the princess is feeling over exposed. [ manager 1 ] out here in the winds, i have to know the weather patterns. i upgraded to the new sprint direct connect. so i can get three times the coverage. [ manager 2 ] it's like working in a giant sandbox. with all these huge toys. and with the fastest push-to-talk... i can keep track of them all. [ male announcer ] upgrade to the new "done" with access to the fastest push-to-talk and three times the coverage. now when you buy

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>> the same magazine has

released new photos of the pregnant dutchs in a bikini. it is a clear breech of the couple's right to privacy. up next in brazil where four people were killed in a carnival parade caught fire. the fire started in a float ran into a power line. five others were injured. nearly half of americans are living paycheck to paycheck. diane macedo has more. gad morning, diane. >> good morning patti ann. a new study says more than 4 in 10 americans are living paycheck to paycheck. one in ten can't even do that. the survey conducted by allstate insurance company not only shows the challenges americans are facing in a weak economy but many make unwise financial decisions even when they know better. according to the survey 59 percent of americans say they generally know how to manage their money.

47 percent say they are saving less than they should be. as for how they feel about their financial situation, half of the 1,000 respond ants describe theirs as excellent or good while half said it was fair or poor. 41 percent live from one paycheck to the next while 8 percent say they don't earn enough to afford every day essentia essentials. 80 -- 80 percent say they are better than friends and others say they are better off than their family. >> a school district bans kids from wearing jeans and t-shirts. wait until you hear why. do you toss and turn and stay up all night because of the changing temperatures in your bedroom? we have the answer to help you sleep soundly. i need this segment. up first check in with brian kilmeade to see what's coming up on "fox & friends." >> the union got done just in

time for us to start our show. it lasted an hour to say what the president wants to do in year one of his second term. we will talk to the expert on what it takes to get it done and will the democrats and republicans be on the same page. marco rubio will be here and the killing machine chris dorner appears to be dead. the chief will tell us how they brought him down and how to stop the next one from happening and westminster dog show champion will be here live and brooklyn decker will be here live. it will be great show. don't miss the beginning or the end.

>> if you had trouble falling asleep we have a p round of relaxing products that promotes sleep. joining us is fahar editor at large of shape magazine. thank you for joining us. >> thank you for having me, heather. >> a lot of people have this problem. the first product is from bath and body works. this is sleep aroma therapy line. >> it is really important to unwind before bed. so many of us stress through out the day. it is a fabulous idea to take a warm bath or shower. it helps lower your body temperature which is really relaxing for you mentally. there's a massage oil give yourself a massage or your partner. it's all about aroma therapy. >> we have an app that is available. this you can get on your cell phone.

you can download it. this is called the pziz. it's a great app for people having a hard time falling asleep. if you have an android or iphone. >> lathe let's listen to it. i don't know about that. it's supposed to soothe you. >> mentally it is getting you ready with the soothing voice and a little bit of noise as well. not for everybody but something to try as a natural method. >> sleep sensations aroma therapy pillow cases. >> you take this and you open it and put it right on top of your pillow and it's going to release either a lavender smell or it has a scent called by boyfriend's t-shirt. relax through different censcen. >> naning body temperature is important to a lot of people. >> so important you want your room to be between 60 and 68

degrees. you want to have an area between your sheets where you don't trap body temperature. you toss and you turn. i love these sheets. they feel amazing. they are inspired athletic wear which means they are moisture wicking. >> $145. >> about 20 seconds left. this is activity tracker you can use it through out the day to track how many calories you are burning. at night it tells you how well you are sleeping. you plug this into your computer. it wakes you up with a silent alarm if you put it on your wrist. that means you wake up. >> wakes you up with a silent

alarm. >> oo they are supposed to protect the hour. >> the question of the day. people are expect to do spend less this valentine's day. do you plan to spend more or less? keep your e-mails coming.

>> two minutes till the top of the hour. let's look at the good, the bad, and the ugly. first the good. an ohio school district voting to keep a portrait of jesus hanging in a a school where it's been 65 years. the board voted unanimously despite a federal lawsuit demanding it be moved. the school says it is protecting free speech. the bad at least in some people's opinion. a high school in pennsylvania banning jeans and t-shirts.

students would only be allowed to wear collared shirts. the school says it may remove distractions in class. the ugly. four atlanta cops arrested accused of providing security for drug dealers. authorities say the cops took thousands of dollars to stand guard while drug deals went down. >> time for your brew on this question of the day responses earlier in the show. we asked you do you plan on spending more or less money for valentine's day this year? here's what you had to say. >> tasha said we always do steak and cake. i can bake and so my husband grills a steak and i do cake. >> betkaz -- bedazzleer. we will spend more time than money due to the economy. >> john says we will spend more in the past than we --